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NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



FINAL DECISION LETTER 




PROPOSED RULES 



Housing Finance 



NRCD 



State Treasurer 



ISSUE DATE: SEPTEMBER 1, 1988 



Volume 3 • Issue 1 1 • Pages 508-523 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary r 
must begin normal rule-making procedures on the p 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxima 
ly 35% is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Ea 
state agency is assigned a separate title which is f 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per ea 
additional page. 

(2) The full publication consists of 52 volum 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00). 
dividual volumes may also be purchased w 
supplement service. Renewal subscriptions 
supplements to the initial publication availat 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrat 
Hearings. 

NOTE 

The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198' 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes, 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 11666 

Ralegh, NC 27604 

(919) 733-2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Mason, 

Director APA Services 



ISSUE CONTENTS 



I. EXECUTIVE ORDERS 

Executive Orders 74-75 508 



II. FENAL DECISION LETTER 

Voting Rights Act 511 



III. PROPOSED RULES 

Independent Agencies 

N.C. Housing Finance 518 

NRCD 

Wildlife Resources 

Commission 513 

State Treasurer 

Retirement Systems 513 

TV. CUMULATE E ENDEX 521 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(September 1988 - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 

Agency 


Date 


****++*+ 


+******* 


++*++*+♦ 


+*♦***+♦ 


******** 


09/01/88 


08/11/88 


08/18/88 


10/01/88 


01/01/89 


09/15/88 


08/26/88 


09/02/88 


10/15/88 


01/01/89 


10/03/88 


09/12/88 


09/19/88 


11/02/88 


02/01/89 


10/14/88 


09/26/88 


10/03/88 


11/13/88 


02/01/89 


11/0188 


10/11/88 


10/18/88 


12/01/88 


03/01/89 


1 1/15/88 


10/26/88 


11/02/88 


12/15/88 


03/01/89 


12/01/88 


11/07/88 


11/15/88 


12/31/88 


04/01/89 


12/15/88 


11/23/88 


12/02/88 


01/14/89 


04/01/89 


01/02/89 


12/08,88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26,89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 



* The "Earliest Effective Dale" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 74 

AN EXECUTIVE ORDER ESTABLISHING 

ADDITIONAL CRITERIA FOR ELIGIBILITY OF 

CERTAIN MEMBERS OF THE 

ENVIRONMENTAL MANAGEMENT 

COMMISSION 

WHEREAS N.C.G.S. 143B-283 directs that 
nine of the members appointed by the Governor 
to the Environmental Management Commission 
shall be persons who do not derive any signif- 
icant portion of their income from persons sub- 
ject to permits or enforcement orders under that 
chapter; and, 

WHEREAS that statute directs the Governor, 
by executive order, to promulgate criteria re- 
garding conflicts of interest and disclosure thereof 
for determining the eligibility of persons under 
that section; 

NOW, THEREEOR, pursuant to the authority 
vested in me by the Constitution of this State and 
N.C.G.S. t43B-283(c), IT IS HEREBY OR- 
DERED: 

Section E 

At least nine of the members of the Environ- 
mental Management Commission appointed by 
the Governor shall be persons who do not re- 
ceive during their period of service on the Com- 
mission a significant portion of their income 
from persons subject to permits or enforcement 
orders granted or entered by the Environmental 
Management Commission. 

(a) Eor the purposes of this section, the term 
"significant portion of his income" shall mean 
ten percent of gross personal income for a calen- 
dar year, except that it shall mean fifty percent 
of gross personal income for a calendar year if the 
recipient is over sixty years of age and is receiving 
such portion pursuant to retirement, pension, or 
similar arrangement. 

(b) For the purposes of this section, the term 
"persons subject to permits or enforcement or- 
ders" shall not include any department or agency 
of State government. 

(c) Eor the purposes of this section, the term 
"income" includes retirement benefits, consultant 
fees and stock dividends. 

(d) For the purposes of this section, income is 
not derived from persons subject to permits or 
enforcement orders where it is derived from mu- 
tual fund payments, or other diversified invest- 
ments of which the recipient does not know the 
identity of the primary sources of income. 

Section 2. 

The Board of Ethics established pursuant to 
Executive Order Number 1 dated January 31, 



1985 is hereby directed to prepare in conjunction 
with the Governor's Office a suitable disclosure 
form to be completed by prospective Governor's 
appointees under N.C.G.S. 143B-283 and to be 
used by the Governor's Office in determining el- 
igibility under Section 1 . These completed forms 
shall be kept on file and open to public in- 
spection by both the Board of Ethics and the 
Environmental Management Commission. 

Section 3. 

This executive order shall become effective im- 
mediately. 

This the 27th day of April, 1988. 

EXECUTIVE ORDER NO. 75 

CONCERNING THE RESPONSIBILITIES 

OF THE MEMBERS AND PERSONNEL 

OF THE NORTH CAROLINA WILDLIFE 

RESOURCES COMMISSION 

Questions have arisen as to whether and to what 
extent members of the North Carolina Wildlife 
Commission are charged with responsibility for 
Commission personnel decisions. 

This Executive Order is published to put an end 
to the questions and to establish the perimeters 
within which Commission members and Com- 
mission personnel are to work in carrying out 
their respective responsibilities. 



I 



In response to my inquiry, the Attorney Gen- 
eral has opined: 

"We believe that the Executive Director has the 
authority to employ persons to fill positions on 
the Commission's staff without obtaining either 
the prior or subsequent approval of the Com- 
mission. The duties of the Executive Director 
are set out in G.S. §143-246 as follows: 

'The Executive Director shall be 
charged with the supervision of all 
activities under the jurisdiction of the 
Commission and shall serve as the 
chief administrative officer of the said 
Commission. Subject to the ap- 
proval of the Commission and the 
Director of the Budget, he is hereby 
authorized to employ such clerical 
and other assistants as may be 
deemed necessary.' 

"We construe the language of the second sen- 
tence quoted above to authorize the Director to 



NORTH CAROLINA REGISTER 



508 



EXECUTIVE ORDERS 



employ persons to fill such positions as have 
been approved by the Commission and the Di- 
rector of the Budget as necessary to carry out the 
programs of the Commission. 

"... The view that we have taken is most 
strongly supported ... by the language of G.S. 
§143-243. That statute, in pertinent part, out- 
lines specific responsibilities which the Commis- 
sion is to fulfill in carrying out the functions and 
duties set forth in G.S. §143-239. The role of the 
Commission is to act in the broad area of policy 
and procedure in carrying out its program re- 
sponsibilities, including the responsibility for 
'organizing the personnel of the Commission.' 

". . . Thus, the General Assembly has directed 
the Commission to establish and structure the 
staff which is to carry out the Commission's 
programs, policies, and procedures under the 
supervision of the Executive Director. In estab- 
lishing and structuring its staff, the Commission 
must determine what types of positions are nec- 
essary for the task. The requirement of G.S. 
§143-243 is totally consistent, therefore, with our 
construction of the disputed language of G.S. 
§143-246." 



II 



Based upon the foregoing opinion and to carry 
out my constitutional duty to take care that the 
laws be faithfully executed, it is herebv OR- 
DERED: 

1. As stated in N.C.G.S. §143-239, the func- 
tion, purpose and duty of the North Carolina 
Wildlife Resources Commission is to manage, 
restore, develop, cultivate, conserve, protect and 
regulate the wildlife resources of the State of 
North Carolina and to administer the laws relat- 
ing to game, game and fresh water fishes and 
other wildlife resources enacted by the General 
Assembly, to the end that there may be provided 
a sound, constructive, comprehensive, continuing 
and economical game, game fish and wildlife 
program directed by qualified, competent and 
representative citizens who shall have knowledge 
of or training in the protection, restoration, 
proper use and management of wildlife resources. 
These functions, purposes and duties shall be the 
guideline against which the appropriateness of all 
Commission actions are to be measured. 

2. As provided in N.C.G.S. §143-243 and 
N.C.G.S. §143-246, the Commission members 
responsibilities are to: 

(a) Select and appoint an Executive Direc- 
tor and, if after appointing him the Exec- 



utive Director ceases to please the 
Commission, to remove him from office. 

(b) Organize the personnel of the Com- 
mission. 

(c) Set the statewide policy of the Com- 
mission. 

(d) Budget and plan the use of the Wildlife 
and Motorboat Funds, subject to the ap- 
proval of the General Assembly and the 
Director of the Budget. 

(e) When deemed appropriate hold public 
hearings where there is discussed matters 
of public concern regarding the wildlife 
resources of the State of North Carolina. 

(f) Adopt rules as authorized by law. 

(g) Recommend the budgetary and legisla- 
tive needs of the Commission to the 
Governor through the Secretary of the 
Department of Natural Resources and 
Community Development. 

(h) Make such reports to the Governor as 
are required by him or by law through the 
Secretary of the Department of Natural 
Resources and Community Development, 
(i) Do all such other things as are required 
by law. 
While under N.C.G.S. §143-240, nine of the 
thirteen members of the Commission are ap- 
pointed from the geographical districts described 
in N.C.G.S. §143-240 and the other four mem- 
bers are appointed at large, all thirteen members 
of the Commission serve the State as a whole and 
without regard to the districts from which they 
may have been appointed. To the end that there 
may be uniformity of participation by each 
Commission member within each district, Com- 
mission members shall refrain from interfering 
with or otherwise being involved in the adminis- 
tration of the affairs of the Commission within 
the districts from which they are appointed or 
any other district. Commission members shall 
restrict their official activities regarding the ad- 
ministration of the affairs of the Commission to 
such matters as are brought before them through 
or by the Chairman while they sit as a body, or 
as brought before them through or by a com- 
mittee or subcommittee chairman while sitting 
as a committee or subcommittee. If there are 
matters that any one or more members of the 
Commission feel are being inappropriately han- 
dled by the Chairman, those matters should be 
directed to the attention of the Governor through 
the Secretary of the Department of Natural Re- 
sources and Community Development. 

3. As provided in and subject to the provisions 
of N.C.G.S. §143-243, the Chairman of the 
Commission shall guide and coordinate the offi- 
cial actions and official activities of the Commis- 



509 



NORTH CAROLINA REGISTER 



EXECUTIVE ORDERS 



sion in fulfilling its function, purpose and duty. 
In that connection and subject to the provisions 
of N.C.G.S. §143-243, the Chairman shall: 

(a) Organize the Commission into such 
committees and subcommittees as are ap- 
propriate and appoint the chairman, vice- 
chairman and members thereof. 

(b) Call, set the agenda for and preside at 
all regular and special meetings of the 
Commission. 

(c) Act as the liaison between the Com- 
mission and the Executive Director of the 
Commission. 

(d) Meet with and/or make reports to the 
Secretary of the Department of Natural 
Resources and Community Development 
and the Governor when and as requested 
by them. 

(e) Do all such other things as are required 
by law. 

The Vice-chairman shall act in the absence 

of the Chairman. 
4. As provided in N.C.G.S. §143-246, the 
Executive Director selected and appointed by the 
Commission shall be the chief administrative of- 
ficer of the Commission. He shall: 

(a) Without interference by the Chairman 
or other member of the Commission, se- 
lect, appoint, promote, demote, transfer, 
remove and pass upon the grievances of 
such persons as he deems appropriate to 
fill the several positions approved by the 
Commission to carry out the Commis- 
sion's function, purposes and duties. 

(b) Direct and supervise the activities of the 
persons selected and appointed by him to 
fill such positions. 

(c) Act as the liaison between Commission 
personnel and the Chairman of the Com- 
mission. 



(d) Except when excused by the Commis- 
sion, attend all Commission meetings and 
speak to the same as called upon by the 
Chairman. 

(e) Make such reports to the Commission 
and the Chairman when, as often and in 
such detail as the Commission and 
Chairman shall require. 

(f) Act as the official spokesperson for the 
Commission. 

(g) Do all such other things as are required 
by law or as are appropriate to carry out 
the Commission's function, purpose and 
duty. 



Ill 



1. Copies of this Executive Order shall be dis- 
tributed as provided by law. In addition copies 
shall be furnished to the Chairman and members 
of the North Carolina Wildlife Resources Com- 
mission, the Executive Director of the Commis- 
sion, all Commission personnel, all persons 
deemed by the Executive Director to have an in- 
terest in Commission affairs and members of the 
public who request the same. 

2. If any members of the Commission or the 
Executive Director of the Commission, now or 
hereafter feel that they cannot wholly support 
and carry out the letter and spirit of this Execu- 
tive Order, it would be appropriate for them to 
resign from their positions. 

3. Violation of this Executive Order shall be 
justification for the removal of the Executive Di- 
rector or any person serving as Commission per- 
sonnel under the Executive Director. 

Done in Raleigh, North Carolina this 12th day 
of August, 1988. 



NORTH CAROLINA REGISTER 



510 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.9H, effecth'e July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

Voting Section 

P.O. Box 66128 

Washington, D.C. 20036-6128 



August 1, 1988 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 

Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the change from at-large to single-member district elections, the districting plan, and 
the election schedule for the board of education in Granville County, North Carolina, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received the information to complete your submission on June 2, 1988. 

We have examined carefully the information which you have provided, as well as information 
provided by other interested parties. With respect to the school board's proposed transition from at- 
large to single-member district elections and the proposed districting plan, we note that these changes 
are essentially identical to the single-member district plan proposed by the Granville County Commis- 
sion which the United States District Court found to violate Section 2 of the Voting Rights Act, 42 
U.S.C. 1973, as amended, in McGhee v. Granville County, North Carolina , No. 87-29-CIV-5 (E.D. 
N.C. February 5, 1988). We are unable to find any significant differences, in terms of the opportunities 
presented to minority voters, between the county commission plan and the school board plan. I must 
therefore conclude at this time that the findings of the District Court in the McGhee decision are ap- 
plicable equally to the present submission pertaining to the Granville County Board of Education. I 
should note, however, that the referenced district court decision is currently pending on appeal in the 
Fourth Circuit Court of Appeals. Should the appeal result in reversal of the McGhee decision, re- 
consideration and withdrawal of the instant objection may well be warrented. See also 28 C.F.R. 51.45. 

Under section 5 of the Voting Rights Act, a submitted change may not be precleared if we find that 
the plan clearly violates Section 2 of the Voting Rights Act, as amended, 42 U.S.C. 1973; S. Rep. No. 
97-417, 97th Cong., 2d.Sess. 12 n.31 (1982). Accordingly, given the McGhee decision, I cannot con- 
clude, as I must under Section 5, that the proposed changes meet the Act's preclearance requirements. 
Therefore, on behalf of the Attorney General, I must object to the proposed change from at-large to 
single-member district elections and the proposed single-member district plan. The Attorney General 
will make no determination on the proposed election schedule at this time. 

Of course, as provided by Section 5 of the Voting Rights Act, you have the right to seek a 
declaratory- judgement from the United States District Court for the District of Columbia that this 
change has neither the purpose nor will have the effect of denying or abridging the right to vote on 
account of race or color. However, until the objection is withdrawn or a judgement from the District 



511 NORTH CA R OLINA REGIS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



of Columbia Court is obtained, the effect of the objection by the Attorney General is to make the 
proposed single-member district plan legally unenforceable. 28 C.F.R. 51.10. 

To enable this Department to meet its responsibility to enforce the Voting Rights Act, please in- 
form us of the course of action the Granville County Board of Education plans to take with respect to 
this matter. If you have any questions, feel free to call Sandra S. Coleman (202-724-6718), Director 
of the Section 5 Unit of the Voting Section. 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 512 



PROPOSED RULES 



TITLE 15 - WILDLIFE RESOURCES 
COMMISSION 

IV otice is hereby given in accordance with G.S. 
150B-12 that the Wildlife Resources Commission 
intends to adopt rule(s) cited as 15 NCAC 10F 

.0357. 

1 he proposed effective date of this action is 
January I, 19S9. 

1 he public hearing will be conducted at 9:00 
a.m. on October 3, 1988 at Room 386, Archdale 
Building, 512 North Salisbury Street, Raleigh, 
North Carolina. 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September 20 to October 17, 1988. Such written 
comments must be delivered or mailed to the 
Wildlife Resources Commission, 512 N. Salisbury 
Street, Raleigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER I0F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0357 NASH COUNTY 

(a) Regulated Area. That area of the Tar River 
Reservoir at the boat launching ramp and bridge 
located on State Road 1745 (bend of the River 
Road) and both bridges and ramps on State 
Road 1603, near the city of Rocky Mount in 
Nash County. 

(b) Speed Limit. It is unlawful to operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated areas described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The City of Rocky Mount is designated a suit- 
able agency for the placement and maintenance 
of markers implementing this Rule. 

Statutory Authority G.S. 75A-3; 754-/5. 

TITLE 20 DEPARTMENT OF STATE 
TREASURER 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Teachers' and State Employees 



Retirement System and Local Governmental Em- 
ployees Retirement System intends to adopt 
rule(s) cited as 20 NCAC 2M .0100 - .0300. 

1 he proposed effective date of this action is 
February 1, 1989. 

1 he public hearing will be conducted at 10:00 a. 
m. on October 19, 1988 at Conference Room, 
Room 100, Albermarle Building, 325 N. Salisbury 
Street, Raleigh, North Carolina. 

\^ omment Procedures: A written copy of the 
comments will be required of all persons wishing 
to speak at the public hearing. The hearing record 
will remain open for written comments from Sep- 
tember 15, 1988 to October 20, 1988. Written 
comments should be sent to the A PA Coordinator 
at the address above. 



CHAPTER 2 - RETIREMENT SYSTEMS 

SLBCHAPTER 2M - CONTRIBUTORY DEATH 
BENEFIT FOR RETIRED MEMBERS 

SECTION .0100 - DEFINITIONS AND 
GENERAL PROVISIONS 

.0101 DEFINITIONS 

The following definitions apply to the Contrib- 
utory Death Benefit for Retired Members: 

(1) "Retired member" shall mean a former 
teacher, employee or official in receipt of a 
monthly retirement allowance or who has a 
terminated retirement allowance resulting 
from reemployment or an optional payment 
selection (Option 4) from the Teachers' and 
State Employees' Retirement System, Local 
Governmental Employees' Retirement Sys- 
tem, Consolidated Judicial Retirement Sys- 
tem, legislative Retirement System or 
Legislative Retirement Fund; however, re- 
tired member shall not mean any beneficiary 
in receipt of a monthly retirement allowance 
by reason of the death of a retired member 
or former teacher, employee or official. 

(2) "Member" shall mean a retired member of 
the Teachers' and State Employees' Retire- 
ment System, Local Governmental Em- 
ployees' Retirement System, Consolidated 
Judicial Retirement System, Legislative Re- 
tirement System or Legislative Retirement 
Fund who has elected coverage and who 
makes continuous contributions under the 
Contributory Death Benefit for Retired 
Members. 



513 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) "Surviving spouse" shall mean a living 
person who is legally married to a member 
covered under the Contributory Death Ben- 
efit for Retired Members at the date of death 
of the member. 

(4) "Legal representative" shall mean the ad- 
ministrator or executor of the estate of a 
member or the collector of funds for the es- 
tate of the member. 

(5) "Retirement system" shall mean the 
Teachers' and State Employees' Retirement 
System, Local Governmental Employees' 
Retirement System, Consolidated Judicial 
Retirement System, Legislative Retirement 
System or legislative Retirement Fund. 

(6) "Board of Trustees" of the Contributory 
Death Benefit for Retired Members shall 
mean the Board of Trustees of the Teachers' 
and State Employees' Retirement System 
and the Local Governmental Employees' 
Retirement System. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
I28-27(L2); 12S-28(g); 135-5(L); l35-6(f); 
135-64(g). 

.0102 AGENCY AND AUTHORITY OF 
DIRECTOR 

(a) The agency acting on behalf of the Board 
of Trustees of the Contributor)' Death Benefit for 
Retired Members is the Department of State 
Treasurer, Retirement Systems Division, 325 
North Salisbury Street, Raleigh, North Carolina 
27611. 

(b) The Director of the Retirement Systems 
Division shall make decisions administratively as 
it relates to the Contributory Death Benefit for 
Retired Members in accordance with the statutes 
and rules and regulations adopted by the Board 
of Trustees and previous decisions of the Board 
of Trustees. Appeals may be made from the de- 
cisions of the director under the same procedures 
used for contested cases. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); I28-28(g); 135-5(L); 135-6(f); 
1 35-64 (g). 

.0103 CONTRIBUTORY DEATH BENEFIT 
TRUST FOR RETIRED MEMBERS 

(a) A trust entitled the Contributory Death 
Benefit Trust for Retired Members shall be es- 
tablished for the purpose of collecting all member 
contributions, investment of contributions, and 
payment of benefits and expenses. 

(b) Funds deposited in the Contributory Death 
Benefit Trust Retired Members shall be invested 



in accordance with law and all investment 
earnings shall accrue to the Contributory Death 
Benefit Trust for Retired Members. 

(c) The funds in the Contributory Death Ben- 
efit Trust for Retired Members shall be used for 
the sole purpose of paying the benefits and ex- 
penses of the Contributory Death Benefit for 
Retired Members. 

(d) Members of the Contributory Death Ben- 
efit for Retired Members do not gain any rights 
or interest in the earnings on the investments in 
the Contributory Death Benefit Trust for Retired 
Members nor share in any gains or losses result- 
ing from the mortality experience for the trust 
beyond the benefits set forth. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
I28-27(L2); !28-28(g); 135-5(L); 135-6(f); 
135-64(g). 

.0104 TIME AND DATE 

"Date and time" shall be the official date and 
time as established for Raleigh, North Carolina, 
where and when it becomes necessary to establish 
a date and time for payment of benefits, payment 
or collection of contributions, effective dates of 
coverage and cancellation, and other matters re- 
lated to the Contributory Death Benefit for Re- 
tired Members. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); !28-28(g); 135-5(L); 135-6(f); 
135-64(g). 



SECTION .0200 ELECTION AND 
CANCELLATION OF COVERAGE 

.0201 ELIGIBILITY TO ELECT COVERAGE 

(a) A retired member in receipt of a monthly 
retirement allowance as a former teacher, em- 
ployee or official of more than one of the retire- 
ment systems is eligible to elect coverage under 
each retirement system from which the member 
receives a retirement benefit; however, if a retired 
member is receiving more than one retirement 
benefit from the same retirement system, he may 
elect coverage only on the basis of one retirement 
benefit. 

(b) A former teacher, employee or official in 
receipt of disability benefits from the Disability 
Income Plan of North Carolina is not in receipt 
of a retirement allowance and is not eligible to 
elect coverage under the Contributory Death 
Benefit for Retired Members until such time as 
the disability benefit is converted to an unreduced 
service retirement allowance. 



NORTH CAROLINA REGISTER 



514 



PROPOSED RULES 



Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); I35-5(L); I35-6(f); 
l35-64(g). 

.0202 WHEN FIRST ELIGIBLE 

A retired member's eligibility to make an 
election for coverage is based on the following: 

(1) If retired on or before June 1, 1988, the 
words "when first eligible" to make an 
election for coverage will mean 60 days from 
July 1, 1988 or no later than September 1, 
1988. 

(2) If retiring on or after July 1, 1988, the words 
"when first eligible" to make an election for 
coverage will mean 60 days from the effec- 
tive date of retirement under the retirement 
system. 

Statutory Authority G.S. 120-4.10; 120-4.27;- 
128-27(L2); I28-28(g); 135-5(Lj; 135-6(f); 
135-64(g). 

.0203 FORM OF ELECTION 

A retired member's election must be made on a 
Notice of Election form as provided by the Re- 
tirement Systems Division or in lieu thereof by 
written notice clearly stating the election of the 
retired member and providing all information 
necessary for the determination of rates and pay- 
ment of benefits. 

Statutoty Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); 135-6(f); 
135-64(g). 

.0204 EFFECTIVE DATE OF COVERAGE 

Coverage under the Contributory Death Benefit 
for Retired Members is not to be delayed beyond 
the 60 days from the effective date of retirement 
or if retired prior to July 1, 1988, not beyond 
September 1, 1988 and shall become effective: 

(1) the fust of the month in which election of 
coverage is made provided that the election 
is received by the Retirement Systems Divi- 
sion by the 15th of a month but not earlier 
than July 1, 1988, or 

(2) the fust of the month following the month 
in which the election of coverage is made if 
the election is received by the Retirement 
Systems Division after the 1 5th of a month 
but not earlier than July 1, 1988. 

Statutoty Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g): 13S-5(L); 135-6(f); 
135-64(g). 

.0205 CANCELLATION OF COVERAGE 



Cancellation of coverage under the Contrib- 
utory Death Benefit for Retired Members shall 
be: 

(1) By written notice of cancellation of cover- 
age to the Board of Trustees with cancella- 
tion of coverage becoming effective : 

(a) the first day of the month in which the 
member's written notice of cancellation is 
received and no contribution will be due 
in that month if written notice of cancel- 
lation is received in the offices of the Re- 
tirement Systems Division between the 
first and the tenth of a month. 

(b) the fust day of the month following the 
month in which written notice of cancel- 
lation is received with contributions due 
for the month in which written notice is 
received if the written notice of cancella- 
tion is received in the offices of the Re- 
tirement Systems Division after the tenth 
of a month. 

(2) By non-payment of monthly contributions 
if payment for any month is not received in 
the offices of the Retirement Systems Divi- 
sion by the 25th of the month following the 
month for which the contribution is due and 
payable with coverage to be cancelled auto- 
matically effective the fust day of the month 
for which the contribution was due and 
payable. 

(3) By death of a member. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); 135-6(f); 
1 35-64 (g). 

.0206 REINSTATEMENT 

Upon cancellation of coverage, coverage cannot 
be reinstated nor can a retired member reapply 
for coverage. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); 135-6(f); 
1 35-64 (g J. 

SECTION .0300 - CONTRACTIONS AND 
BENEFITS 

.0301 CONTRIBL HON RATES 

(a) The monthly contribution rates shall be 
established by resolution of the Boards of Trus- 
tees as recommended by the consulting actuary. 
The consulting actuary in making a recom- 
mended schedule of monthly contribution rates 
shall take into consideration mortality experi- 
ence, selection experience, actuarial interest rate 
assumption which may be different from the in- 
terest rate assumption used in the valuation of 



515 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the liabilities of the retirement system, adminis- 
trative and investment costs, and such other fac- 
tors as may be appropriate in establishing such 
schedule of monthly contribution rates. 

(b) The schedule of monthly contribution rates 
established by resolution of the Boards of Trus- 
tees adopted on March 19, 1988, is as follows: 



97 
9S 
99 
100 and over 



150 
160 
170 
200 



Age at 
Lffcctive Date 
Less than 50 


Monthly Rate 
For Life 

$ 8 


50 


8 


51 


9 


52 


10 


53 


10 


54 


11 


55 


12 


56 


12 


57 


13 


58 


14 


59 


15 


60 


16 


61 


17 


62 


IS 


63 


20 


64 


21 


65 


22 


66 


24 


67 


26 


68 


27 


69 


2 l » 


70 


31 


71 


33 


72 


35 


73 


38 


74 


40 


75 


43 


76 


46 


77 


49 


7S 


52 


79 


56 


so 


59 


SI 


63 


S2 


67 


83 


71 


84 


75 


85 


80 


S6 


S4 


S7 


S9 


88 


94 


89 


99 


90 


105 


91 


110 


92 


115 


93 


120 


94 


125 


95 


130 


96 


140 



The schedule of monthly contribution rates shall 
be applicable for members electing coverage ef- 
fective on or after July 1, 1988 and shall remain 
in effect until such resolution, as duly adopted 
by the Boards of Trustees, revises such schedule 
of monthly contribution rates. 

(c) The Boards of Trustees may from time to 
time revise by resolution the schedule of monthly 
contribution rates as may be recommended by 
the consulting actuary for teachers, employees 
and officials retiring and electing an effective date 
of coverage after the effective date of the revision. 
Such revision may be, but is not required to be, 
applicable to members electing coverage prior to 
the effective date of the revision provided that 
such revised rates shall not be greater than the 
rates in effect at the effective date of coverage for 
those members electing an effective date of cov- 
erage prior to the effective date of the revision. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); I35-6(f); 
135-64(g). 

.0302 MEMBER CONTRIBUTION 

(a) The monthly contnbution rate paid by a 
member shall be based on the member's nearest 
age as of the effective date of coverage and the 
applicable rates as of that date as set by the 
Boards of Trustees and will remain the same as 
long as the coverage is in effect. 

(b) Any misstatement as to the age of the 
member which causes the contribution of the 
member to have been paid at a higher or lower 
rate during the period of the coverage of the 
member not paid or refunded prior to the death 
of the member will result in any underpayment 
of contributions being offset against the death 
benefit and any overpayment of contributions 
being paid to the surviving spouse or legal repre- 
sentative for the correct age of the member. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); 135-6(f); 
1 35-64 (g). 

.0303 PAYMENT OF CONTRIBUTION 

(a) The monthly contributions of members 
covered under the Contributory Death Benefit 
for Retired Members are to be paid monthly to 
the Contributory Death Benefit Trust for Retired 
Members beginning in the month in which cov- 
erage becomes effective and shall continue each 
month thereafter. 



NORTH CAROLINA REGISTER 



516 



PROPOSED RULES 



(b) Payment of the monthly contributions shall 
be deducted from a member's net monthly re- 
tirement allowance from the retirement system if 
member's net monthly retirement allowance, af- 
ter other required deductions, is sufficient to 
cover the cost of the contribution; however, if the 
net monthly retirement allowance from the re- 
tirement system is not sufficient to cover the cost 
of the contribution, the Retirement Systems Di- 
vision shall provide the member a Notice of 
Contribution Due within ten days after the de- 
termination of insufficiency with payment of 
monthly contributions due not later than the 
25th of the month following the determination 
of insufficiency, and thereafter a Notice of Con- 
tribution Due shall be provided between the first 
and the fifth of each month with payment due 
on or before the 25th of that month. 

(c) The contribution due for the month in 
which the member's death occurs is to be paid 
from the final monthly retirement benefit due in 
the month of death, or by payment from the 
member's surviving spouse or legal represen- 
tative; provided that, if member's death occurs 
during the 24-month period from the effective 
date of coverage, the deduction and/or payment 
of the contribution for the month in which death 
occurs may be waived. 

(d) Once coverage is elected, the required 
monthly contribution must be paid in order to 
maintain coverage regardless of any condition 
which might occur that would terminate or di- 
minish the retirement benefit the retired member 
is receiving such as reemployment and the re- 
duction or termination of retirement benefits by 
reason of an optional payment plan selected by 
the retired member at retirement. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
12S-27(L2); 128-28(g); 135-5(L); 135-6(f); 

1 35-64 (g). 

.0304 AMOUNT OF BENEFIT PAYABLE 

(a) If the member's death occurs on or after the 
first day of the month following the 24th month 
of coverage for which the member has paid the 
required contributions, the amount of the benefit 
pavable shall be five thousand dollars 
($5,000.00). 

(b) If the member's death occurs prior to the 
first day of the month following the 24th month 
of coverage for which the member has made the 
required contributions, the amount of the benefit 
payable shall be the total of the monthly con- 
tributions made by the member plus interest as 
set by the Board of Trustees. 



Statutory Authority G.S. 120-4.10; 120-4.27; 
I28-27(L2); !28-28(g); 135-5(L); I35-6(f); 
1 35-64 (g). 

.0305 PAYMENT OF INTEREST ON BENEFIT 

Interest payable on the monthly contributions 
of a member where member's death occurs prior 
to the first day of the month following the 24th 
month of coverage: 

( 1 ) The annual rate of interest shall be set from 
time to time by resolution of the Board of 
Trustees and, in setting such annual rate of 
interest, the Board of Trustees may take into 
consideration the actuarial interest rate as- 
sumption, yields realized and anticipated on 
short-term investments, cost of investing and 
administration, and such other factors af- 
fecting interest rates as may be appropriate. 

(2) Such interest as set by the Board of Trus- 
tees shall be computed on each monthly 
payment from the end of the month in 
which the monthly payment is paid and on 
the balance of the monthly contributions 
and interest at the beginning of the calendar 
year to the end of the month in which the 
member dies. 

(3) The interest rate established by resolution 
of the Boards of Trustees, adopted on Jan- 
uary 28, 1988, is 6 1/2 percent. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); 135-5(L); 135-6(f); 
1 35-64 (g). 

.0306 PAYMENT OF BENEFIT 

Upon the death of a member, a certified death 
certificate and such other documentation as 
deemed necessary in order to initiate payment of 
the death benefit is to be furnished by the mem- 
ber's spouse or legal representative if not survived 
by a spouse. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(L2); 128-28(g); I35-5(L); 135-6(f); 
!35-64(g). 

.0307 BENEFITS PAYABLE AFTER 
CANCELLATION 

Should death of a former member occur on or 
after the effective date of cancellation of coverage, 
benefits under the Contributory Death Benefit 
for Retired Members shall not be due and paya- 
ble. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
12S-27(L2); 128-28(g); 135-5(L); 135-6(f); 
135-64(g). 



517 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0308 REFUNDS 

(a) No refund of contributions or interest shall 
be made if coverage is cancelled by reason of 
non-payment of contributions or if written notice 
of cancellation is received 90 or more days after 
the effective date of coverage. 

(b) Refund of contributions without interest 
may be made if coverage is cancelled by written 
notice of cancellation received prior to 90 days 
after the effective date of coverage. 

Statutory Authority G.S. 120-4.10; 120-4.27; 
128-27(12); 128-28(g); I35-5(L); 135-6(f); 
l35-64(g). 

TITLE 24 - INDEPENDENT AGENCIES 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina Housing Finance 
Agency intends to adopt rule(s) cited as 24 
NCAC IB .0004. 

1 he proposed effective date of this action is 
January 1, 1989. 

1 he public hearing will be conducted at 9:00 a. 
m. on October 3, 1988 at 3300 Drake Circle, Suite 
200, Raleigh, North Carolina 27607. 



Co 



-omment Procedures: Written comments con- 
cerning this rule must be submitted by October 3, 
1988 to the APA Coordinator, N.C. Housing Fi- 
nance Agency, 3300 Drake Circle, Suite 200, 
Raleigh, North Carolina. 

CHAPTER 1 -N.C. HOUSING FINANCE 
AGENCY 

SUBCHAPTER IB - RULEMAKING 
PROCEDURES 

.0004 DECLARATORY RULINGS 

Any person affected by a statute administered 
by the board or by a rule promulgated by the 
board may request a declaratory ruling as to the 
validity of a rule or as to the applicability to a 
given state of facts. All requests for declaratory 
rulings shall be in writing and shall contain the 
following information: 

(1) Name(s) and address(es) of petitioner(s); 

(2) Statute and/or rule to which the petition 
relates; and 

(3) Concise statement of facts and explanation 
of the manner in which the petitioner is in- 
jured, or thinks he may be injured, by the 
statute or rule as applied to him. 

Statutory Authority G.S 122A-5; 1 SOB- 17. 



NORTH CAROLINA REGISTER 



518 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



I 

2 

I 

4 

5 

6 

7 

8 

9 
10 
II 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
♦21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Mousing Finance Agency 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



519 



NORTH CAROLINA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors. Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CA ROLINA REGIS TER 520 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - September 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Einal Decision Letters 

ER - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

LRA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Administrative Analysis Division, 447 PR 

Auxiliary Services, 270 PR 

Departmental Rules, 270 PR 

State Construction, 187 PR 

Youth Advocacy and Involvement Office, 148 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division. 76 PR 

ADMINISTRATIVE ORDER 

Administrative Order, 369 AO 

AGRICULTURE 

Eood and Drug Protection Division, 271 PR 
N.C. State Fair, 451 PR 



521 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Plant Industry, 453 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 
Milk Commission, 120 PR, 190 PR 

COMMUNITY COLLEGES 

Community Colleges, 287 PR 

CORRECTION 

Division of Prisons, 490 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 



ELECTIONS 






State Board of Elections, 


120 PR 




EXECurrvE orders 






Executive Orders 68 ■ 


• 71, 1 


EO 




72, 119 


EO 




73, 146 


EO 


74 ■ 


• 75,508 


EO 



FINAL DECISION LETTERS 

Voting Rights Act, 5 FDL, 26 FDL, 185 FDL, 267 FDL, 295 FDL, 370 FDL, 401 FDL, 511 FDL 

GENERAL STATUTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 150B, 352 GS 

HUMAN RESOURCES 

Division of Aging, 229 PR 

Drug Commission, 1 13 FR 

Facility Services, 455 PR 

Health Services, 7 PR, 220 PR, 296 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 

Mental Health General, 457 PR 

Mental Health Hospitals, 459 PR 

Office of the Secretary, 31 PR 

Social Services Commission, 27 PR 

Vocational Rehabilitation Services, 371 PR 

INDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR, 255 PR, 518 PR 

INSURANCE 

Agent Services, 238 PR 

Company Operations Division, 470 PR 

Fire and Casualty Division, 32 PR, 461 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Services, 303 PR 



NORTH CAROLINA REGISTER 522 



CUMULA TIVE INDEX 



LICENSING BOARDS 

Cosmetic Art Examiners, 283 PR, 473 PR 

CPA, 73 PR, 472 PR 

Examiners of Electrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

Nursing, 376 PR, 477 PR 

Podiatry Examiners, 377 PR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
July 1, 1988, 335 LRA 
August 1, 1988, 496 LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR 

Community Assistance, 69 PR 

Environmental Management, 241 PR, 278 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 1 1 1 PR 

Wildlife Resources and Water Safety, 1 1 1 PR, 282 PR, 470 PR, 513 PR 

REVENUE 

License and Excise Tax, 1 13 FR 
Motor Fuels Tax, 258 FR 
Sales and Use Taxes, 386 FR 

SECRETARY OF STATE 

Securities Division, 125 PR- 
STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission. 18 PR 
Retirement Systems, 513 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 403 SO 

TRANSPORTATION 

Division of Motor Vehicles, 172 FR, 258 FR 



523 NOR TH CAROLINA REGIS TER 



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25 




26 




27 




28 






Continued 



Volume Title 







New 


Chapter 


Subject 


Subscription 


; - 12 


Justice 


90.00 


1 -6 


Labor 


30.00 


"7 


OSHA 


45.00 


S - 15 


Labor 


45.00 


1 - 11 


Crime Control and 




1 - 2 
3- 6 


Public Safety 

NRCD (includes EMC) 

NRCD 


45.00 
90.00 
45.00 


7 
8-9 


Coastal Management 
NRCD 


45.00 
30.00 


10 


Wildlife 


45.00 


11-22 


NRCD 


60.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7 - 11 


Revenue 


60.00 


1 - 7 
1 - 6 
1 - 9 


Secretary of State 

Transportation 

Treasurer 


30.00 
90.00 
45.00 


1 - 16 


Licensing Boards 


75.00 


17- 37 


Licensing Boards 


75.00 


38- 70 
1 - 2 


Licensing Boards 
Administrative Procedures 


75.00 


1 - 2 


Community Colleges 


10.00 


1 
1 


Housing Finance 
State Personnel 


10.00 
60.00 


1 - 4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



2' 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


U 


15 


35 


15 


36 


15 


37 


15 


38 


15 


39 


15 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19 


45 


20 


46 


21 


47 


21 


4S 


21 




22 


49 


23 


50 


24 


51 


25 


52 


26 



Total 



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